Spotter Agreement

About this agreement

This Spotter Agreement (the "Agreement") is between you and the operator of the Lozeye app ("Lozeye," "we" or "us") and applies whenever you use Lozeye as a Spotter. It adds to the Terms of Use, the Privacy Policy, the Prohibited tasks list and the Spotter safety guide, which are part of this Agreement. If this Agreement and the Terms of Use conflict about your work as a Spotter, this Agreement controls. In the Arabic version of the app a Spotter is called "وكيل"; that word is only the name of a role in the app.

IMPORTANT: section 15 requires disputes, including disputes about your classification and pay, to be resolved by individual arbitration, and explains how to opt out within 30 days.

1. What you agree to do

As a Spotter you may accept requests from Clients to go to a place and show it on a live call, describe what you see and hear, and ask questions on the Client's behalf. You give a visual opinion only. You do not give professional assessments, appraisals, valuations, tests, authentications, guarantees or advice that requires a license, even if you have experience or a license in a field, and you do not present yourself as doing so.

2. You are an independent contractor

You are an independent contractor, not an employee, partner, joint venturer or agent of Lozeye, and you are not the legal agent or representative of any Client. You decide whether to use Lozeye, when to be Available, which requests to accept or decline, your rates within the limits the app allows, your route and how you carry out each task within the law and the safety rules. There are no required hours, no minimum number of tasks and no exclusivity: you may work for others, including competitors. Lozeye does not train, supervise or direct how you do a viewing, and the safety rules and Prohibited tasks list exist to protect people and to follow the law, not to control your work. You may decline any request, and you will not be fined or deactivated for declining; the order in which requests reach Spotters depends on factors described in the app, such as distance, ratings, acceptance rate and cancellation history. Nothing in this Agreement creates an employment relationship, and you are not entitled to wages, overtime, benefits, workers' compensation or unemployment insurance from Lozeye.

3. What you provide

You provide, at your own cost, your phone, data plan, transportation, fuel, parking, tolls and anything else you need. You are responsible for your vehicle, driver's license, vehicle insurance, any business licenses or permits your city or state requires, and your own health, accident and liability coverage. Lozeye does not provide insurance for you, your vehicle or your activities unless the app clearly says otherwise.

4. Standards and safety

You must be at least 18, in the United States and legally allowed to do this work. You must follow the law, the Terms of Use, the Prohibited tasks list and the safety guide. In particular you must not: drive or move a vehicle you are viewing; operate heavy machinery; climb roofs or go into dangerous places; pay, receive or carry money, deposits or items; sign anything; enter private property without the permission of the owner or the person in charge; or film people or private documents without permission. Before you show anyone on a call, tell them the call is recorded; if they do not agree, do not record them. You may refuse or stop any request that seems unsafe or prohibited, and a cancellation for a real safety reason does not count against you. Leave any situation that feels unsafe and call 911 in an emergency.

5. Pay

For each completed task you earn the amount shown to you in the app before you accept, plus your share of any extra minutes the Client buys and of any amount the app shows is due to you after a cancellation. Clients pay a price that includes Lozeye's service fee, which is shown in the app and in your statements. Lozeye collects payments from Clients as your limited payment collection agent: when a Client pays Lozeye, the Client has paid you, and our obligation is to pass your share on to you as described here. If a payment from a Client fails, we are not required to pay you for it unless the app says otherwise.

Your share is sent to your Stripe account after the dispute window shown in the app ends, or after a dispute is decided. Payouts from Stripe to your bank follow the schedule shown in the app; instant payouts, where offered, carry a fee that you pay. You must keep a Stripe Connect account in good standing and accept Stripe's terms, including the Stripe Connected Account Agreement. Stripe may ask you for identity, tax and bank information, which it collects and keeps directly. You cannot be Available until your payout account is ready.

6. Refunds, chargebacks and corrections

If a Client opens a dispute, your share for that task is held until our team decides. Our team may review the task records, chat, location records and call recordings, and may pay you the full amount, refund the Client in part or in full from your share, or split the amount. If a Client's bank reverses a payment through a chargeback that we lose, or if we paid you by mistake or because of fraud or a breach of this Agreement, you authorize us to recover that amount by deducting it from your future earnings or, if needed, by asking you to repay it. You will receive a written explanation for any deduction.

7. Taxes

You are responsible for all taxes on your earnings, including income and self-employment taxes, and for any sales or other taxes that apply to your services. Lozeye does not withhold taxes from your earnings. Stripe may issue tax forms, such as Form 1099, where the law requires, using the information you give Stripe. The app provides monthly and yearly statements of your earnings. Talk to a tax professional about your situation.

8. Cancellations, ratings and deactivation

You may cancel an accepted task, but you will not be paid for it, and frequent or late cancellations, no-shows and low ratings can mean you receive fewer requests. We may give warnings, limit or pause your access, or deactivate your account if you break this Agreement, the Terms of Use or the law; if your ratings stay below the level shown in the app; for fraud, unsafe conduct, harassment or discrimination; or for any other lawful reason. Where the law requires, we will tell you the reason and give you a way to ask for a review through "Contact us." You may stop using Lozeye at any time.

9. Location, recording and privacy

While you are Available, the app shares your location in the background, and other users see only an approximate area. From the moment you accept a task until it ends, the client of that task sees your live location on a map, and the app records your location about once a minute; you agree to this once, in the location notice, before you can accept or book tasks, and it stops by itself when the task ends. The task starts when you arrive within the distance of the task place shown in the app (half a mile at launch): calls open, the task time runs from then, and the client's price is final. Calls are recorded. We use this information as described in the Privacy Policy, including to measure task time, protect users and decide disputes. You must keep Clients' and sellers' information confidential, use it only to carry out the task, and not keep photos, recordings, addresses or contact details from a task outside the app.

10. Your responsibility for your conduct

You are responsible for your own acts and omissions during tasks, including any injury, damage, loss or legal violation you cause. You accept the risks of traveling, meeting strangers and visiting places, and you release Lozeye from claims arising from the conduct of Clients, sellers and other Third Parties, to the fullest extent the law allows and as described in the Terms of Use.

11. Indemnity

You will defend, indemnify and hold harmless Lozeye and its owners, officers, employees, contractors and suppliers against all claims, losses, damages, fines, taxes, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or related to your tasks, your conduct, your breach of this Agreement or the law, and any taxes on your earnings.

12. Intellectual property and content

You give Lozeye the license to the content you provide described in the Terms of Use, including the video and audio of your calls and your profile, for running Lozeye, safety, disputes and the law. You may not use Lozeye's name or logo, or present yourself as working for or speaking for Lozeye, except to say truthfully that you use the app.

13. No solicitation outside the app

You may not ask Clients to pay, call or book you outside the app for work you met them through Lozeye, and you may not move a task off the app to avoid fees or protections.

14. Changes and ending this Agreement

We may update this Agreement. For material changes we will ask you to accept the new version in the app before you can be Available again, and changes do not apply to tasks completed before them. Either of us may end this Agreement at any time. When it ends, we will pay you any amounts due for completed tasks, minus amounts we may deduct under section 6. Sections 5 to 7 and 10 to 16 survive.

15. Arbitration

The arbitration agreement and class action waiver in Section 20 of the Terms of Use apply to this Agreement and to every dispute between you and Lozeye, including disputes about your classification as an independent contractor, pay, deductions, deactivation, discrimination and the meaning of this Agreement, to the fullest extent the law allows. Claims that the law does not allow to be arbitrated, and claims under the Private Attorneys General Act of California that cannot be waived, may proceed in court, but individual claims will be arbitrated first and any non-individual claims will be paused until the arbitration ends. You may opt out of arbitration within 30 days of first accepting this Agreement as described in the Terms of Use; opting out will not affect your use of Lozeye.

16. General

This Agreement, with the documents it mentions, is the entire agreement about your work as a Spotter. It is governed by the laws stated in the Terms of Use. If any part cannot be enforced, the rest stays in effect. The English version controls if the versions differ, to the extent the law allows. For questions, use "Contact us" in Settings, under Help and legal, in the app.